EPA Proposes 90-Day Notice for New Chemical Uses
Published Date: 4/24/2026
Proposed Rule
Summary
The EPA is setting new rules that require companies to tell them 90 days before making or using certain chemicals in new ways. This gives the EPA time to check if those new uses are safe before they start. If you work with these chemicals, get ready to follow these rules and send your comments by May 26, 2026.
Analyzed Economic Effects
6 provisions identified: 0 benefits, 5 costs, 1 mixed.
High SNUN Submission Fees and Costs
If you submit a SNUN, EPA estimates the total cost per SNUN is about $45,496 for large businesses and $14,976 for qualifying small businesses. The user fee component is $37,000 for large entities or a reduced $6,480 for qualifying small businesses.
Strict Handling and Labeling Requirements
For the listed cobalt-lithium-manganese-nickel oxide substances used in batteries, EPA requires measures like battery labeling, 99% dust capture controls, no release to water, disposal only to RCRA Subtitle C hazardous waste landfills or controlled incineration, and respirator requirements tied to specific 8-hour TWA thresholds (e.g., no respirator if TWA < 5.3E-4 mg/m3; manufacturing must cease if 8-hour TWA > 5.3E+00 mg/m3). The SNUR treats any use without these protections as a significant new use.
90-Day Advance Notice Required
If you plan to manufacture, import, or process any listed chemical for a use EPA calls a “significant new use,” you must notify EPA at least 90 days before you start. That 90-day notice (a SNUN) starts EPA's review and you may not begin the activity until EPA makes a determination.
SNUN Filing Process and Time Burden
SNUNs must be submitted using EPA Form 7710-25 via the e-PMN software and EPA's Central Data Exchange (CDX). EPA estimates an annual burden of about 30 to 170 hours per SNUN submission to gather, prepare, and submit the information.
April 24, 2026 Cutoff for Ongoing Uses
EPA set April 24, 2026 as the cutoff date to decide whether a use is ongoing. If you begin manufacture or processing of the listed substances on or after that date, you may have to stop those activities when the final rule becomes effective and then comply with SNUR notification requirements to resume.
Exporters: One-Time Notification Cost
If you export a substance covered by these proposed SNURs on or after May 26, 2026, you must provide an export notification under TSCA section 12(b). EPA estimates the per-notification cost is approximately $106.
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Key Dates
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